SONBA NABAJI KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE appellant aggrieved by the Judgment and order dated 28-9-1994 passed by the Ilnd Additional District and Sessions Judge, Pune in Sessions Case no. 525 of 1993, convicting and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to suffer R. I. for 9 months for an offence under section 302 IPC, has come up in appeal before us.

(2.) IN short, the prosecution case runs on 13-6-1993 at about 12. 45 p. m. Satish kokare PW 2 and Bapji Keswad PW 3 were standing in front of Sunny Chicken centre in Mahatma Phule Nagar, Hutment area and were talking to each other. They saw that the appellant brought his son Shyam and threw him twice on the tar road in front of the Chicken centre. Shyam started weeping as a result of the injuries he had suffered. Consequently, they took him to his house. Thereafter, they took him in a auto rickshaw to Lokhande Hospital but, the doctor was not available. While they were returning, they saw the appellant. Consequently, Satish kokare got down and the appellant along with Bapji Keswad took Shyam to corporation Hospital.

(3.) SHYAM was medically examined in the Corporation Hospital by Dr. Chandrashekar Kathe PW 6 who found that he had suffered a swelling 1' x 1 " which was above right eye. Dr. Kathe suspected that he might have received injuries, to his brain and consequently referred him to Sasoon Hospital. Same day, Dr. Suresh Pawar PW 7 examined Shyam at Sasoon Hospital. He found him unconscious but, found no external injuries. He took x-ray but the same revealed no fractures. He treated Shyam till 6 a. m. (on 14-6-93) at which time, he succumbed to his injury.